Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether setting aside avenues…
In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how…
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the…
Making an awkward legislative step, the Hungarian legislator introduced a new ground for annulling construction arbitration awards from 5 June 2023, which applies where arbitrators fail to deliberate…
In a recent decision, the Supreme Court of Western Australia ("WA") Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The…
This might not be a secret: the Singapore courts recently issued two decisions in June 2023 about confidentiality in the international arbitration context.
The first, The Republic of India v Deutsche…
Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of…
Our previous post on this Blog explored the Polish post-award case law from 2020. We tried to answer whether Poland is an arbitration-friendly jurisdiction. And we concluded that out of the more than…
On February 24, 2023, the Latvian Constitutional Court issued a long-awaited Judgement in case 2022-03-01 confirming that the current control mechanism over arbitration in Latvia is incomplete and…
